New York, New York (PRWEB) November 24, 2013
Preparations have begun for the proposed settlement of thousands of DePuy ASR lawsuit (http://www.depuy-asr-hip-recall.com/) claims filed in the wake of the 2012 DePuy ASR hip recall, Bernstein Liebhard LLP reports. According to court documents filed in U.S. District Court, Northern District of Ohio on November 22nd, the parties have appointed a Claims Administrator, as well as Special Masters, to oversee the DePuy ASR settlement process. (In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation – MDL 2197)
“We are continuing to evaluate the proposed settlement program to determine how best to advise our DePuy ASR lawsuit clients. At the same time, our Firm continues to investigate claims on behalf of individuals who were affected by the DePuy ASR recall, but who do not meet eligibility requirements for the settlement, ” says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices. The Firm continues to offer free legal evaluations to individuals who allegedly experienced metallosis, chronic pain, disability, premature hip implant failure, and other serious complications allegedly related to devices included in the DePuy ASR recall.
DePuy ASR Settlement Proposal
According to court documents, the DePuy ASR settlement proposal was announced in the Northern District of Ohio on November 19th. The New York Times has reported that if the accord is accepted by 94% of eligible plaintiffs, the $2.5 billion settlement would resolve roughly 8,000 of the 12,000 claims currently pending against Johnson & Johnson and its DePuy Orthopaedics unit. *
According to information released by DePuy Orthopaedics following the announcement of the agreement, the settlement will apply only to recipients of the recalled hip implants who underwent revision surgery to replace the device prior to August 31, 2013. Those plaintiffs would be entitled to a base award of $250,000. That award could be reduced, however, depending on certain other factors, including their prior medical history. Other circumstances could entitle plaintiffs to a supplemental award if they, for example, required multiple revision surgeries, or if they experience “certain extraordinary injuries” in the future.**
According to Bloomberg.com, the DePuy ASR recall was issued after data indicated that 12% of the metal-on-metal hips were failing within just five years of implantation. However, more recent data indicates that the actual early failure rate associated with the devices could reach as high as 44%.***
Individuals who were affected by the DePuy ASR recall, but who are not eligible to participate in the proposed settlement program, may still be entitled to file their own lawsuit seeking compensation for their alleged injuries. To learn more about filing a DePuy ASR lawsuit, please visit Bernstein Liebhard LLP’s Website. To arrange for a free, no-obligation legal review, please call 800-511-5092.
*nytimes.com/2013/11/20/business/johnson-johnson-to-offer-2-5-billion-hip-device-settlement.html, New York Times, November 20, 2013
**usasrhipsettlement.com/Un-Secure/Docs/Settlement_Program_Overview_Final.pdf, DePuy Orthopaedics, November 19, 2013.
***bloomberg.com/news/2013-11-19/j-j-unveils-hip-accord-that-may-be-worth-more-than-4-bln.html, Bloomberg.com, November 19, 2013
About Bernstein Liebhard LLP
Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993, including those who have been harmed by dangerous drugs, defective medical devices and consumer products. The firm has been named by The National Law Journal to the “Plaintiffs’ Hot List,” recognizing the top plaintiffs’ firms in the country, for the past 11 consecutive years.
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Felecia L. Stern, Esq.
Bernstein Liebhard LLP